Montana Code 46-18-104. Definitions
46-18-104. Definitions. As used in 46-18-101, 46-18-105, 46-18-201, 46-18-225, and this section, unless the context requires otherwise, the following definitions apply:
Terms Used In Montana Code 46-18-104
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. See Montana Code 46-1-202
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Sentence: means the judicial disposition of a criminal proceeding upon a plea of guilty or nolo contendere or upon a verdict or finding of guilty. See Montana Code 46-1-202
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(1)”Community corrections” or “community corrections facility or program” means a community corrections facility or program as defined in 53-30-303.
(2)(a) “Crime of violence” means:
(i)a crime in which an offender uses or possesses and threatens to use a deadly weapon during the commission or attempted commission of a crime;
(ii)a crime in which the offender causes serious bodily injury or death to a person other than the offender; or
(iii)an offense under:
(A)45-5-215;
(B)45-5-502 for which the maximum potential sentence is life imprisonment or imprisonment in a state prison for a term exceeding 1 year;
(C)45-5-503, except as provided in subsection (2)(b) of this section;
(D)45-5-507 if the victim is under 16 years of age and the offender is 3 or more years older than the victim or if the offender inflicts bodily injury upon anyone in the course of committing the offense;
(E)45-5-508;
(F)45-5-702;
(G)45-5-703;
(H)45-5-705;
(I)45-5-706; or
(J)45-5-711.
(b)In a prosecution under 45-5-503, if the sexual intercourse was without consent based solely on the victim’s age, the victim willingly participated, and the offender is not more than 3 years older than the victim, the offense is not a crime of violence for purposes of this section.
(3)”Nonviolent felony offender” means a person who has entered a plea of guilty or nolo contendere to a felony offense other than a crime of violence or who has been convicted of a felony offense other than a crime of violence.
(4)”Restorative justice” has the meaning provided in 44-7-302.